By Steve Levine · Updated June 6, 2026 · 6 min read
Quick Answer
Section 230 is a 1996 U.S. federal law (47 U.S.C. § 230) that says an online service is not treated as the publisher of content posted by its users, and that protects a service when it removes or moderates content in good faith. The person who created the content can still be held responsible for it. The law has specific exceptions and does not cover content a service creates itself.
On this page
Section 230 is part of the Communications Decency Act, which Congress enacted as part of the Telecommunications Act of 1996. It is codified at 47 U.S.C. § 230.
The central provision, § 230(c)(1), states: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."
A second provision, § 230(c)(2), is often called the "Good Samaritan" clause. It addresses moderation, providing that a service is not liable for restricting access to or removing material it considers objectionable, when it acts in good faith.
The law uses two defined terms. An "interactive computer service" is broadly understood to include websites, apps, social networks, internet service providers, and similar online services. An "information content provider" is whoever is responsible for creating or developing the content.
Under § 230(c)(1), when content is created by one party (for example, a user) and hosted by another (for example, a platform), the hosting service is generally not treated as the publisher of that content. Responsibility for the content rests with the party that created it.
If a service creates or materially develops content itself, it is acting as an information content provider for that material, and Section 230 does not treat that content as someone else's.
The statute lists several areas it does not affect:
- Federal criminal law. Section 230 does not limit enforcement of federal criminal statutes.
- Intellectual property. Claims such as copyright and trademark are governed by other laws, including the Digital Millennium Copyright Act.
- Privacy laws. The Electronic Communications Privacy Act and similar state laws are not affected.
- Sex trafficking. A 2018 amendment known as FOSTA-SESTA created an exception for certain sex-trafficking claims.
- A service's own content. Material the service itself creates or develops is not covered.
Courts have applied Section 230 since shortly after it was enacted. An early appeals court decision, Zeran v. America Online (1997), read the provision broadly. In Gonzalez v. Google (2023), the U.S. Supreme Court had the opportunity to address the scope of Section 230 but resolved the case without deciding that question.
A recurring issue in current litigation is the distinction between a claim about user-posted content and a claim about a service's own design or conduct. Several recent cases tracked on OCA involve that distinction:
Whether Section 230 applies in any of these matters is decided by the courts based on the specific claims and facts.
Section 230 remains in effect. It has been the subject of ongoing debate, proposed legislation, and litigation. In 2025, federal officials at agencies including the Department of Justice, Federal Trade Commission, and Federal Communications Commission indicated interest in changing how the law is applied, and various bills to amend it have been introduced in Congress. As of mid-2026, the statute has not been repealed, and the U.S. Supreme Court has declined to use recent cases to narrow it.
This page is a plain-English reference and is not legal advice. How Section 230 applies to any particular situation depends on the facts and the court.
What is Section 230 in simple terms?
Section 230 is a 1996 U.S. federal law that says an online service is not treated as the publisher of content posted by its users. It also protects a service when it removes or moderates content in good faith. The user who created the content can still be held responsible for it.
What law is Section 230 part of?
Section 230 is part of the Communications Decency Act, which Congress enacted as part of the Telecommunications Act of 1996. It is codified at 47 U.S.C. § 230.
What does Section 230 not cover?
It does not apply to federal criminal law, intellectual property claims, certain privacy laws, or sex-trafficking claims under the 2018 FOSTA-SESTA amendment. It also does not cover content a service creates itself.
Is Section 230 the same as the First Amendment?
No. The First Amendment limits government action on speech. Section 230 is a separate federal statute that addresses when private online services can be held liable in civil court. As a statute, it can be amended or repealed by Congress.